Legal Bits & Pieces

  1. Our Terms and Conditions

Welcome to the Terms and Conditions (or “Agreement”).  These have been developed to provide clarity on the relationship and expectations between yourself and Reef Restoration Foundation.  This Agreement describes the terms and conditions that govern your (“Contribution”) with (Reef Restoration Foundation Limited – ABN 50 620 00 4748). Before becoming a Contributor/Coral Crusader you confirm that you have read, agreed with and accept all of the terms and conditions contained in this Agreement and the associated policies, including its Privacy Policy (the "Policies")(as amended from time to time). Our Privacy Policies (as amended from time to time) may be accessed here: Privacy Policy  Each time you Contribute you confirm your agreement to be bound by and acknowledge any changes to the Agreement (including the Policies). You also undertake to familiarise yourself with and comply with the Policies relevant to your use of our Site and the services provided under this Agreement (as may be amended from time to time). By accepting this Agreement (including the Policies) you agree to be bound by it and also the User Agreements and posted terms and conditions and policies referred to in these terms and conditions and any other notices on the Reef Restoration Foundation website and other websites and social media platforms operated by Reef Restoration Foundation and its related and affiliated companies, to the extent that you use those websites and associated social media platforms. We may amend the terms and conditions of this Agreement from time to time. Amended terms will be posted on our Website. Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective immediately. Your continued use of the Service following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. If you do not agree with such changes to this Agreement (or any of our Policies), you may terminate your agreement with Reef Restoration Foundation. No refunds will be provided.  If, after any such changes to this Agreement or any of our Policies you continue to be a member of Reef Restoration Foundation, you will be deemed to have accepted the varied terms as part of the Agreement. In this Agreement where the context permits a reference to "you" includes anyone acting on your behalf or with your express or implied authority. A reference to this Agreement includes the Policies, unless stated otherwise.

  1. Definition of Terms used in this Agreement

In these Conditions (where not inconsistent with the context):

“Contributor” means a person or organisation, company or other legal entity that makes a Contribution to the Reef Restoration Foundation

 “Contribution” means a payment made by an individual, organisation company or other legal entity to support the establishment of ocean-based coral nurseries and the ongoing operations Reef Restoration Foundation and is a voluntary gift and or transfer of money or property where no material benefit or advantage is received by the Contributor.

“Coral Tree Frame” means the structure used to grow corals in the ocean-based coral nurseries

 “Ocean-based coral nursery” means the installation and operation of two or more coral tree frames

"Force Majeure” means an act, omission, cause or circumstance outside a party’s reasonable control including, without limitation, inclement weather, fire, storm, cyclone, flood, earthquake, explosion, accident, enemy acts, war, sabotage, labour dispute, riot or civil dispute and an act or omission of a third party including other unforeseeable circumstances such as:

  • sea vessel or debris strikes
  • partners withdrawing pro-bono services such as vessel transport to coral nurseries,
  • government and regulatory agencies changing policies, plans or permit conditions

which are beyond the control of the Parties against which it would have been unreasonable for the affected party to take precautions and which the affected party cannot avoid even by using its best efforts.

 

  1. Coral Crusader Program

The Coral Crusader Program enables individuals, organisations and companies to become a Coral Crusader by adopting a coral, corals, coral tree frames, ocean-based coral nurseries and to regenerate coral reefs within the Great Barrier Reef.  The corals will remain under the control and supervision of Reef Restoration Foundation Limited.  The ownership of the infrastructure associated with the coral tree frames and ocean-based nurseries at all times will reside with Reef Restoration Foundation Limited.

The benefits provided to those who sponsor corals, branches and coral tree frames is outlined within the Coral Crusader section of the Reef Restoration Foundation website.  Separate sponsorship agreements will be developed for ocean-based coral nurseries and to regenerate coral reefs on a case by case basis.

By participating in the Coral Crusader Program the Contributor acknowledges that their Contribution can be used at the sole discretion of the Reef Restoration Foundation and that their participation in the Program does not include any rights or ownership entitlement to coral, coral nurseries or any other property or things associated with the program.

  1. Consequences of Force Majeure Event

Neither party will be liable for any delay or failure to perform its obligations under this Agreement if such failure of delay is due to Force Majeure.

A party must notify the other party as soon as practicable of any anticipated delay due to Force Majeure. The performance of a party’s obligations under this Agreement will be suspended for the period of delay due to the force majeure.

If the Reef Restoration Foundation is prevented from executing any services associated with this agreement due to Force Majeure, the Reef Restoration Foundation may terminate this agreement immediately on providing notice to the other party and will be relieved of its obligations under this agreement. If this Agreement is terminated due to Force Majeure by the Reef Restoration Foundation, no refunds will be made of any monies paid in accordance with this Agreement until and including the date of the Force Majeure event.

 

  1. Your Information

Definition. "Your Information" means any information you give to us or other members in the registration process, in any public message area (including the Reef Restoration Foundation social media platforms and in feedback) or through any email feature. Your Information also includes any content you post on other web pages within our Site (including photographs or other images). You are solely responsible for Your Information. We act as a passive conduit for your online distribution and publication of Your Information. Your Information must not, in any way whatsoever, be potentially or actually harmful to Reef Restoration Foundation or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by the Platform. The Policies contain detailed statements of prohibited conduct relating to Your Information. Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not:

  • be false, inaccurate or misleading or deceptive;
  • be fraudulent or involve the sale of counterfeit or stolen items;
  • infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
  • violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
  • be defamatory, libellous, threatening or harassing;
  • be obscene or contain any material that, in the Platform's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images and, if otherwise adult in nature, shall be distributed only to people legally permitted to receive such
  • contain any content that is prohibited or that, in Reef Restoration Foundation's sole and absolute discretion, may be prohibited content;
  • contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of Reef Restoration Foundations Website, Social Media Platforms and systems , including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
  • create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
  • link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement;

Solely to enable Reef Restoration Foundation to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to do and authorise the doing of all acts comprised in the copyright and to exercise the publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Reef Restoration Foundation will only use Your Information in accordance with our Privacy Policy (located here). We need this to use and display your content.

 

  1. Payments

Reef Restoration Foundation agrees to debit your bank account or credit card account (whichever is relevant) on the date of Contributing (“Debit Date”), or next working day for the amount of Contribution nominated by you, unless another date has been agreed with you If the payment fails, we will re-attempt to debit your account.  For recurring monthly Contributions, these will occur on the same day of each month as the initial Contribution.

You agree that:

  1. a) you will confirm with your financial institution that your nominated account can accept direct debits;
  2. b) there will be sufficient funds in the nominated bank account or credit card account to cover the amount of the Contribution on the Debit Date;
  3. c) you will advise Reef Restoration Foundation if the nominated bank account or credit card account is transferred or closed.

Reef Restoration Foundation reserves the right to change the terms on which you have entered this agreement by giving you 14 days written notice. Changes may include increasing the amount of the Contribution, altering the frequency of Contribution or altering the Debit Date. You will be bound by such changes unless you advise Reef Restoration Foundation that you do not agree to them by written notice to info@reefrestorationfoundation.org within 14 days of receiving written notice of any such change.

You may make the following changes regarding your Contribution by written notice to Reef Restoration Foundation (info@reefrestorationfoundation.org) at least 10 working days prior to the next Debit Date:

  1. a) change from monthly to annual payments
  2. b) defer a particular debit and arrange to catch it up at an agreed later date
  3. c) cancel all debits and terminate this agreement with Reef Restoration Foundation.

All communication to Reef Restoration Foundation must include your Reef Restoration Foundation Coral Crusader Number (#0000).

Where you believe that a debit to your bank account or credit card account (whichever is relevant) has been made without your authorisation (“Unauthorised Debit”) you agree to advise Reef Restoration Foundation by written notice at accounts@reefrestorationfoundation.org immediately upon becoming aware of the Unauthorised Debit.

In the event that you are not satisfied with Reef Restoration Foundation’s handling of the Unauthorised Debit you should contact your financial institution who should respond to you within 30 days.

You agree that Reef Restoration Foundation has the right to terminate this agreement by written notice to you in its absolute discretion without giving any reasons.

By you entering into this agreement, we will obtain personal information about you,  as that term is defined by the Privacy Act 1988 (Cth) (“Personal Information”). By signing this agreement you agree that Reef Restoration Foundation may collect your Personal Information to process your Contribution and you consent to Reef Restoration Foundation transferring relevant parts of your Personal Information overseas to its suppliers and to its affiliated offices, to the extent reasonably required by Reef Restoration Foundation.

The governing law of this agreement shall be the law of Queensland, Australia and the parties agree to submit to the exclusive jurisdiction of the courts of that state.

  1. Tax & Legal Compliance

In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services including listing and supporting projects. In particular, you must ensure that your activities, projects you list (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant country based fair trading legislation. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful (eg. the sale of interests in real property ordinarily requires a written document to be created).Project Creators alone, and not the Platform, are responsible for ensuring that the project listing and any other activities conducted on the Site are lawful. Project Creators must ensure that they comply with all applicable laws in Australia and all other countries. Project Creators must also ensure that they strictly comply with this agreement and the policies which form part of the agreement. Project Creators should comply with country, state and federal regulations. Project Creators should be aware that funds raised using the Platform could be taxable income. It is the Project Creators responsibility to declare the funds and comply with local tax laws.

  1. Electronic Communications

The communications between you and Reef Restoration Foundation will use electronic means. For contractual purposes, you (a) consent to receive communications from Reef Restoration Foundation in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Reef Restoration Foundation provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

  1. Usage

We reserve the right to reduce, liquidate, deactivate, suspend or terminate your membership or access thereto at our sole discretion if we terminate the Service or if we suspect, after investigation, that you have violated the terms of this Agreement, or have otherwise used the Reef Restoration Foundation service to conduct any fraudulent or illegal activity.  In the event an account is suspended or terminated for your breach of this Agreement (in each case as determined in our sole discretion), Reef Restoration Foundation may suspend or terminate the account associated with such breach and any or all other accounts held by you or your affiliates, and your breach shall be deemed to apply to all such accounts.

  1. Assignment

You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid.

  1. Rearrangement or Cancellation of Initiatives Undertaken

Any initiative undertaken by the Reef Restoration Foundation is subject to rearrangement, including cancellation (in whole or part) at the sole discretion of the Reef Restoration Foundation. Any such rearrangement or cancellation is to be notified by the Reef Restoration Foundation to you within a reasonable timeframe following the Reef Restoration Foundation’s decision to rearrange or cancel any initiative or project.

  1. Entire Agreement

This Agreement constitutes the entire Agreement between the parties for its subject matter. Any prior arrangements, agreements, warranties, representations or undertakings are superseded.

  1. Severability

In the event that any part of the terms or conditions of this Agreement will be determined as being invalid, unlawful or unenforceable wholly or to any lesser extent, such term or condition to the extent that it is invalid, unlawful or unenforceable will be severed from the remaining terms and conditions and the remaining terms and conditions will continue to be valid and enforceable to the fullest extent permitted by the law.

 

CONTACTING US

If you want to contact us for any reason in relation to Reef Restoration Foundation’s privacy policy, or have a complaint about a privacy breach, you can contact us as below:

info@reefrestorationfoundation.org

Write to us at:

Reef Restoration Foundation

153 Buchan Street

Bungalow

Cairns

Qld 4870